Section 38. Exemption from provisions regarding employment

38. Exemption from provisions regarding employment.— (1) Tn case of an emergency involving serious risk to the safety of the mine or of persons employed therein, or in case of an accident, whether actual or apprehended, THE GAZETTE OF INDIA EXTEAOEDINAEY [PART JI . ^ <or in case of any act of God or in case of any urgent work to be dene to machinery, plant or equipment of the mine as the result of breakdown of such machinery, plant or equipment, the manager may, subject to the provisions •of section 22 and in accordance with the rules under section 39, permit persons to be employed id contravention of section 28, section 30, seotion 31, section 84 or sub-sectiou ( I) of section 30, on such work as may be necessary to protect the safety of the mine or ol the persons employed tberoin: Provided that, in case of any urgent work to be done to machinery, plant or equipment under this section, the manager may take the action permitted lay this section, although the production of coal would thereby be incidentally •affectod, but any action so taken shall not exceed the limits necessary for the purpose of avoiding serious interference with the ordinary wurking of the mine. (2) Every case in which action has been taken by the manager under subsection (1), shall be recorded together with the circumstances relating thereto and a report thereof shall also lie made to the Chief Inspector or the Inspector.